3. Wandsworth, Code 21 parked wholly or partly in a suspended bay or space, Thurso Street
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Re: Wandsworth, Code 21 parked wholly or partly in a suspended bay or space, Thurso Street
« Reply #15 on: »
My challenge was that I was away due to some family relate circumstances and there was no way possible for me to move the car when this suspension was placed . The day I returned , I found the PCN on the car.

I don't fully understand what they need in terms of evidence , would that be my travel plans or ?


Thanks
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Re: Wandsworth, Code 21 parked wholly or partly in a suspended bay or space, Thurso Street
« Reply #16 on: »
At what time did you return and find the PCN?

Pl post a copy of your challenge, not a summary.

Their response is dated ??
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Re: Wandsworth, Code 21 parked wholly or partly in a suspended bay or space, Thurso Street
« Reply #17 on: »
Here was my response to the council



"I am writing to formally challenge PCN WA91121597, issued on 09/10/24. I respectfully request that you consider cancelling this penalty notice based on the following grounds:
1.   Unforeseen Circumstances: At the time the PCN was issued, I was away due to unforeseen and urgent personal circumstances as my father is severely unwell. This was beyond my control, and I was unable to move my vehicle during this time.
2.   No Prior Suspension Notice: When I parked my car, there was no visible suspension notice on the bay. Upon my return, I found a leaflet placed on my car, along with the PCN. This indicates that the suspension notice was issued after I had parked.
3.   Improper Placement of Suspension Sign: It is my understanding that the suspension notice was only placed on the tree. As per regulations, the suspension sign should also be displayed on nearby parking signs to ensure visibility to all drivers. The lack of proper signage meant I was not aware of the bay suspension.
4.   Inadequate Communication: I would also like to bring to your attention that, to properly inform residents of the suspension, leaflets should not only be placed under windscreen wipers but also dropped at nearby houses. This ensures that residents are fully aware of the suspension, even when they are not near their vehicle. In this case, I did not receive any such notice at my residence, further contributing to my unawareness of the situation.
5.   Request for Review of Records: I kindly request that you review your records to determine when the suspension notice was installed and confirm whether vehicles, including mine, were already parked in the bay when the notice was posted.
In light of these circumstances, I believe the issuance of this PCN was unjust, and I respectfully request that it be cancelled.
Thank you for your time and consideration. I look forward to your favourable response."

I replied to the response on Thursday 10th October 2024 at 7:08pm

Their response is dated the 5th of December 2024 at 12:14pm
« Last Edit: December 05, 2024, 03:46:33 pm by Shaysaf »
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Re: Wandsworth, Code 21 parked wholly or partly in a suspended bay or space, Thurso Street
« Reply #18 on: »
When did you get back to your home?

Unforeseen Circumstances: At the time the PCN was issued, I was away due to unforeseen and urgent personal circumstances as my father is severely unwell. This was beyond my control, and I was unable to move my vehicle during this time.
2.   No Prior Suspension Notice: When I parked my car, there was no visible suspension notice on the bay. Upon my return, I found a leaflet placed on my car, along with the PCN. This indicates that the suspension notice was issued after I had parked.


unforeseen and urgent personal circumstances as my father is severely unwell. This was beyond my control, and I was unable to move my vehicle during this time.

Devil's advocate - then why didn't somebody else in your house move the car?
As regards placing leaflets, what would you think was fair: a leaflet for everyone in the street? If not, how far either side and do you actually live within this area? Placing on cars means they capture everyone who actually parked there over a 72-hour period. 

Whether 72 hours or 144, you still wouldn't have received a leaflet, you weren't at home.

IMO, if you intend to carry on then I think you'll need to develop your circumstances - and therefore present as strong a case for mitigation(which is personal) before you launch into criticising the council.

But we know so few details e.g. what time you returned, who else could have moved the car, where you live relative to the suspended area etc.

 
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Re: Wandsworth, Code 21 parked wholly or partly in a suspended bay or space, Thurso Street
« Reply #19 on: »
Quote from: H C Andersen on December 05, 2024, 04:03:57 pm
When did you get back to your home?

Unforeseen Circumstances: At the time the PCN was issued, I was away due to unforeseen and urgent personal circumstances as my father is severely unwell. This was beyond my control, and I was unable to move my vehicle during this time.
2.  No Prior Suspension Notice: When I parked my car, there was no visible suspension notice on the bay. Upon my return, I found a leaflet placed on my car, along with the PCN. This indicates that the suspension notice was issued after I had parked.


unforeseen and urgent personal circumstances as my father is severely unwell. This was beyond my control, and I was unable to move my vehicle during this time.

Devil's advocate - then why didn't somebody else in your house move the car?
As regards placing leaflets, what would you think was fair: a leaflet for everyone in the street? If not, how far either side and do you actually live within this area? Placing on cars means they capture everyone who actually parked there over a 72-hour period. 

Whether 72 hours or 144, you still wouldn't have received a leaflet, you weren't at home.

IMO, if you intend to carry on then I think you'll need to develop your circumstances - and therefore present as strong a case for mitigation(which is personal) before you launch into criticising the council.

But we know so few details e.g. what time you returned, who else could have moved the car, where you live relative to the suspended area etc.

No body else moved the car because no one else drives and no one else was home . I returned on 9th October ie. the day they said the suspension started.

To further add to this, there is no possible way for anyone to move the car when they are away. I am not looking to criticise the council here , I am simply stating the fact that no one could have moved the car . I believe someone has added a link in this thread where you can see how various councils seem to scam people who are away and simply cannot move the car . I would like to know what steps I could follow and where do I stand with this rather then list out everything I could/ could not have done seeing I am not at that stage anymore
« Last Edit: December 05, 2024, 04:29:23 pm by Shaysaf »
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Re: Wandsworth, Code 21 parked wholly or partly in a suspended bay or space, Thurso Street
« Reply #20 on: »
I am trying to elicit info which so far has remained unsaid.

IMO, your defence goes to mitigation so make this as strong as possible.

'Urgent and unforeseen' is vague, sorry.
To illustrate my point, in your reps you said: This was beyond my control, and I was unable to move my vehicle during this time.

You did not state in your reps that no-one else could move the car, simply that you couldn't.

So, others are in the house but not licensed to drive or no-one in the house?

You have still not said at what time you returned. If, say, you knew the suspension came into effect and tried to return to move it in time but were prevented through circumstances beyond your control (it is self-evident that you weren't driving, therefore public transport comes into play) then this is a defence- I've succeeded at tribunal on this point when due to train cancellations I wasn't able to move my car out of contravention.

Hence why your details are important.

And if this isn't being critical of the council, then what is?

Improper Placement of Suspension Sign: It is my understanding that the suspension notice was only placed on the tree. As per regulations, the suspension sign should also be displayed on nearby parking signs to ensure visibility to all drivers. The lack of proper signage meant I was not aware of the bay suspension.
4.  Inadequate Communication: I would also like to bring to your attention that, to properly inform residents of the suspension, leaflets should not only be placed under windscreen wipers but also dropped at nearby houses. This ensures that residents are fully aware of the suspension, even when they are not near their vehicle. In this case, I did not receive any such notice at my residence, further contributing to my unawareness of the situation.
« Last Edit: December 05, 2024, 04:45:22 pm by H C Andersen »
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Re: Wandsworth, Code 21 parked wholly or partly in a suspended bay or space, Thurso Street
« Reply #21 on: »
Overthinking.

Letter says car was in bay when sign went up on 5th. PCN 9th so not long before and well within being reasonably away.

Letter says give us evidence. They want to tick a box.

OP - something about father's health would fit the bill but you'd probably win this at the tribunal given the short timescale.
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